This website (the “Site”) is owned and operated by Handmade Chunky Knits. Your access to, use of, placing of an order, linking to the Site, use of software or downloading software on the Site (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (“Terms & Conditions”). If you do not agree with the Terms and Conditions, please do not use this Site.
These Terms and Conditions apply to the use of this website (“Site”), and by accessing this Site and/or placing an order you agree to be bound by the terms and conditions set out below.
The Terms and Conditions of this Site do not affect your statutory rights as a consumer.
“You” and “Your” means the person using this Site to order goods (“Products”) and subject to these Terms and Conditions.
1.1. You can access the majority of the Handmade Chunky Knits website without disclosing your personal information.
1.2. Your Access to the Site constitutes your agreement to be bound by the Terms and Conditions. We reserve the right to amend the Terms and Conditions at any time and you should periodically refer to them on this page and elsewhere on this site.
2. Ordering from us
2.1.You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
2.2. You warrant that goods ordered by you are strictly for private and domestic use and are not for resale.
2.3. An order will be placed once you complete the online checkout procedure. Your order constitutes an offer to buy goods from Us and will be acknowledged via email (“Processing order”). Once a Processing order email is sent this confirms the purchase contract (Contract) and you will be charged. In the case We cannot accept your order, the order will be cancelled and you will be notified.
2.4. The Processing order will list the Products to which the Contract refers. Each Product in the order must be listed in a Processing order before we are obligated to supply it. This may mean several Processing orders are required for a single order.
2.5. The Processing order will be sent to the email address given by you during the online checkout procedure.
2.6. The Processing order will confirm the Products due to be made and sent to you, their price including postage costs and expected delivery times. You are obliged to contact Us as soon as possible in the event that any of these details are incorrect.
2.7. We reserve the right to reject or cancel an order for any of the reasons listed below:
(a) We cannot produce the design requested for any reason.
(b) specific wool used to create your order cannot be supplied.
(c) authorisation for your payment cannot be obtained.
(d) in the event of a products description or pricing error.
(e) you do not meet any eligibility criteria set out in our terms and conditions.
2.8. We will not be liable for any loss or cancellation of an order relating to a change in the dimensions of the customer after the order was placed.
2.9. We will endeavour to produce Products that correspond with the description logged by the customer at the time of purchase, but due to the natural nature of wool there may be deviations from the Products listed.
3.1. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Processing order.
3.2. We always try to make sure that the prices on our Site are correct but errors may occur. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming the order at the correct price or cancelling it. If the order is cancelled we will refund you in full.
3.3. Payment for all Products must be by credit card, debit card or PayPal. We will not charge your credit or debit card until we confirm your order.
4. CANCELLATION AND RETURNS POLICY
4.1. Due to the nature of the bespoke service orders cannot be cancelled or returned once they have been accepted with a Processing order.
5.1. We warrant that (subject to the other provisions of these Terms) on delivery, all Products shall be of satisfactory quality (within the meaning set out in the Sale of Goods Act 1979) and be reasonably fit for their intended purpose.
5.2. If you are not satisfied with the quality of the Product we will, after inspection of the goods, endeavour to repair, replace or refund as required. This clause will not apply if:
(a) you fail to give written notice of the relevant defect to us within 7 days of receiving the Product.
(b) we are not given a reasonable opportunity to inspect the Product.
(c) (when instructed by us) you do not return such Product to us, at our cost, for inspection.
(d) you wear or use, or any third party wears or uses, the relevant Product(s) after giving written notice of the relevant defect to us.
(e) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the Product(s)
(f) you have altered or repaired the relevant Product(s) yourself without our prior written consent.
6. DESCRIPTION / APPEARANCE OF PRODUCTS
6.1. The description and quantity of Products ordered will be listed in the Processing order. All illustrations, descriptions or images on the Site are for the sole purpose of giving an approximate impression of the Product(s) and will not form part of any Contract.
6.2. Due to technology limitations we cannot guarantee that the colours shown on this Site are identical to the colour of the materials used to knit your Product. We will, however, endeavour to best match the colour of the materials to the colours in your design.
7. AVAILABILITY AND DELIVERY
7.1. Turnaround and dispatch of the orders placed at the Supplier may vary from time to time depending on current order volumes, work schedules, material availability or a particular characteristic of the order placed. We will try our best to comply with the average turnaround of 7 to 10 working days.
7.2. The delivery date specified on the Processing order is approximate. Products will be dispatched to the address given by you during the online checkout procedure and different Products may be dispatched separately.
8. RISK AND TITLE
8.1. The Products will be at your risk from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment of all the sums due in respect of the Products, including any delivery charges.
9. INTELLECTUAL PROPERTY
You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder. Any images sent for use on this Site are sent with full copyright authorisation to use those images as intended.
All copyright, trade marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to Handmade Chunky Knits or otherwise used by Handmade Chunky Knits as permitted by law. We reserve the right to edit, remove, alter any content be it is published on the site.
10. SERVICE ACCESS
10.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
10.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
12.1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.1. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.GOVERNING LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by and construed in accordance with the Home Countries Law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Home Countries Courts.
15.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.